Types of Marriage and Monogamy
Types of Marriage and Monogamy
Types of Marriage and Monogamy
validity
Sec 5, 12, 17
• Concept of Marriage
• Evolution
• Significance
• Place it occupies among Hindus.
• Sacrament or contract ?
Types of Marriage
• Valid Marriage
• Voidable Marriage
• Void Marriage
• According to Manu
• Approved unapproved
• Brahma Asura
• Daiva Gandharva
• Arshar Arsha
• Prajapatyama Paishacha
• Nature of Hindu Marriage is it a contract or Sacrament ?
Essentials of a valid marriage Sec 5
• 5. Conditions for a Hindu Marriage: - A marriage may be solemnized
• between two Hindus,
• if the following conditions are fulfilled, namely:-
• (i) neither party has a spouse living at the time of the marriage;
• (ii) at the time of the marriage, neither party-
• (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind ; or
• (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such as
extent as to be unfit for marriage and the procreation of children; or
• (c) has been subject to recurrent attacks of insanity or
• (iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of
the marriage;
• (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of
them permits of a marriage between the two;
• (v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a
marriage between the two;
Bigamy
5. Conditions for a Hindu Marriage: - A marriage may be solemnized
between two Hindus, if the following conditions are fulfilled, namely:- (i)
neither party has a spouse living at the time of the marriage;
• clause(iv)of sec 5 i.e the parties are not within the degrees of prohibited
relationship unless the custom or usage governing each of them permits of a
marriage between the two;
• clause(v) of section 5. (v) the parties are not sapindas of each other, unless the
custom or usage governing each of them permits of a marriage between the two;
Voidable marriage sec 12
• Section 12.- Voidable marriages.-(1) Any marriage solemnized; whether before or after the
commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any
of the following grounds, namely;-
• (a) that the marriage has not been consummated owing to the impotence of the respondent; or
• (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
• (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the
petitioner was required under section 5 as it stood immediately before the commencement of
the Child Marriage Restraint (Amendment) Act, 1978 (Act no.2 of 1978) the consent of such
guardian was obtained by force or by fraud as to the nature of ceremony or as to any material
fact or circumstance concerning the respondent; or
• (d) that the respondent was at the time of the marriage pregnant by some person other than
the petitioner.
•
• (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a
marriage- (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i)
the petition presented more than one year after the force had ceased to operate, or, as the
case may be, the fraud had been discovered; or
• (ii) the petitioner has, with his for her full consent, lived with the party to the marriage as
husband or wife after the force had ceased to operate or, as the case may be, the fraud had
been discovered;
• (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the
Court is satisfied – (i) that the petitioner was at the time of the marriage ignorant of the facts
alleged; (ii) that the proceedings have been instituted in the case of marriage solemnized
before the commencement of this Act within one year of such commencement and in the
case of marriage solemnized after such commencement within one year from the date of
marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken
place since the discovery by the petitioner of the existence of the said ground